Will I lose my home, house or property in an IVA?
What creditors can request in an IVA
We receive a lot of calls and emails from the public asking; "Will I lose my home, house, property in an IVA?".
Under the terms of an IVA you will not be forced to sell your home, house or property. In some IVAs the creditors may request you release some of any equity from the property and then pay it into the IVA, for payment to the creditors. The creditors can request up to 75% of the equity payable either during or at the end of the IVA.
In some IVA cases people may be unable to release 75% of the equity. If this situation occurs then the creditors sometimes accept a lower amount. To make up for the lower amount the credits may ask you to offer 12 months further payments. This would mean you will not lose your home, house or property; instead your IVA would be 6 years instead of 5.
Stages in dealing with the equity in the home, house or property in an IVA
- If it is reasonable up to 75% of the equity in the home, house or property will need to be released
- Most people do a remortgage to release equity in the home, house or property for the IVA.
- Most people remortgage or release equity in the final year of the IVA. However ever case is different
- The fist stage to releasing equity is obtain the following documents; valuation on the property from 2-3 local estate agents, get some clipping from the local papers showing the prices of similar properties for sale and obtain a mortgage redemption certificate from your lenders. The IVA Insolvency Practitioner will want to see all this information so he can work out your equity.
- The IVA Creditors usually request as much equity as possible but end up receiving as much as your remortgage allows you.
- Due to the recent “Credit Crunch “where banks are not lending such high mortgages this will mean your equity will be far lower.
- If a remortgage is not possible then the IVA creditors will ask you to extend the IVA to 6 years.
Will I lose my home, house or property in bankruptcy?
- The Official Receiver or the trustee (if an insolvency practitioner has been appointed in place of the Official Receiver) may have to sell your home to go towards paying your bankruptcy debts. This applies whether the home is freehold or leasehold and whether it is solely or jointly owned.
- If your husband, wife or children are living with you, it may be possible for the sale to be put off until the end of the first year of your bankruptcy. This gives them time to make other housing arrangements. They should contact the Official Receiver or trustee dealing with your bankruptcy.
- Your husband, wife, partner, a relative or friend may be able to buy your beneficial interest in the home. This will stop the Official Receiver or trustee selling your home later.
Please note that clients who do an IVA are unlikely to have to sell it as part of the IVA. The IVA will provide you with the opportunity to give some of the equity to the creditors by remortaging the home, house or property.
If you wish to discuss whether you will lose your home, house or property in an IVA please complete the following form or telephone freephone 0800 074 6918.
IVA Knowledge Base Menu
- IVA Knowledge Base Home Page |
- Why should I choose an IVA? |
- What will an IVA cost? |
- Are there any additional fees after my monthly contributions to my IVA? |
- Is an IVA the best option? |
- Will I lose my home, house or property in an IVA? |
- How will an IVA affect the equity in my house, home or property? |
- Can I still obtain a mortgage with an IVA? |
- What happens if some of my creditors disagree with the IVA? |
- Is the IVA registered on your credit file? |
- Are there any disadvantages to an IVA? |
- What happens if I come into money whist I am in an IVA? |
- Can I include family members that I owe money to in an IVA? |
- Can I still have a bank account with an IVA? |
- How do I settle my IVA early? |
- Will an IVA affect the people I live with? |
- Can self employed people do an IVA? |
- Can I get an IVA while living abroad? |
- Who can enter an IVA? |
- Will I lose my house with an IVA? |
- Can I stay in business with an IVA? |
- I am a professional person will it affect my position with an IVA? |
- Will an IVA become public knowledge? |
- How long does an IVA last? |
- Which creditors can be included in an IVA? |
- Can I enter into an IVA if I have already received a Statutory Demand? |
- Can I obtain an IVA if a Bankruptcy Order has been made against me? |
- What happens if I don't keep up the payments on my IVA? |
- What happens once I finish paying my IVA? |
- Can I enter an IVA if I already have CCJs against me? |
- Does it make a difference if I am a homeowner with an IVA? |
- Do I have to tell my partner if I do an IVA? |
- Does an IVA cover all of my debts? |
- What is the difference between a secured and unsecured debt? |
- Do creditors have to accept an IVA? |
- Can an individual creditor refuse to accept an IVA? |
- Will the IVA prevent my creditors taking further recovery action? |
- What if my circumstances change whilst in an IVA? |
- Can I cancel the IVA once it is set up? |
- What happens if I just stop paying into the IVA? |
- How long does it take to set up an IVA? |
- Will interest and other charges be frozen while the IVA is being set up? |
- Can a creditor take further recovery action before the IVA is approved? |
- What happens if the IVA is not approved? |
- What Does IVA Stand For? |
- How do I work out how much I can afford to pay per month in to an IVA? |
- I am considering an IVA. How does it work? |
- Do I have to attend IVA meetings, or can this all be done by post? |
- What do creditors expect from an IVA? |
- How likely is it that an IVA will be accepted? |
- Are all creditors forced to accept the IVA majority decision? |
- What happens if the creditors don't like the IVA deal? |
- What do I do if the IVA is rejected? |
- IVA - Individual Voluntary Arrangement |
- I've buried my head in the sand, now I've got a bankruptcy petition hearing next week. Can I do an IVA at this late stage?
- Will an IVA really write off all of my debts?
- Will I live in poverty for the duration of the IVA? |
- What if I win the lottery whilst in an IVA? |
- What if I get a pay rise whilst in an IVA?
- Will my IVA appear in the newspapers? |
- Will people know about my IVA? |
- Will I ever be able to get credit again after an IVA? |
- Is an IVA more expensive than just going bankrupt?
- What will happen to my house in an IVA? |
- What will happen to my furniture in an IVA? |
- What will happen to my car in an IVA? |
- I run a business. What will happen to my business in an IVA?
- Will my partner have to contribute to my IVA?
- My partner and I have joint debts. Can we lump them all together in the same IVA?
- What happens if I'm unable to keep up with the IVA payments?
- What happens at the end of the IVA arrangement?
- Are there any upfront fees with an IVA? |
- Why should I consider an IVA over bankruptcy? |
- What are the advantages of an IVA over a debt management plan? |
- How will an IVA Improve my life? |
- Is there immediate relief if I do an IVA? |
- How much debt do I need to do an IVA? |
- What types of debt can an IVA deal with? |
- Can utility bills be included in an IVA? |
- Will an IVA stop collection calls? |
- Will an IVA freeze my interest rates? |
- Will I have to sell my house if I do an IVA? |
- Will an IVA stop home repossession? |
- How will An IVA affect my home equity? |
- Can I keep my car if I do an IVA? |
- What assets might an IVA affect? |
- Will an IVA be reflected on my credit file? |
- Do I need to include all my creditors in an IVA? |
- Can I apply for credit while I'm in an IVA? |
- Will I need to change bank accounts in an IVA? |
- What will my monthly payment be on an IVA? |
- What if I am unable to keep up with my payments in an IVA? |
- Can my IVA payments go up? |
- Under what circumstances can I reduce my IVA payment? |
- Who will know if I do an IVA? |
- Will my landlord need to know if I do an IVA? |
- I've decided to do an IVA, should i stop paying my creditors now? |
- Will an IVA affect my employment or my ability to get a job? |
- I'm in an IVA and I've lost my job, what can I do? |
- What situations would prevent me from doing an IVA? |
- I've been told I can't do an IVA, what should I do? |
- Can I exit out of my IVA before five years? |
- Under what circumstances can an IVA proposal be rejected? |
- What percentage of IVA's are blocked by creditors? |
- What happens if my IVA fails? |
- What if I can't remortgage as per my IVA proposal? |
- My husband and I are considering an IVA as a solution to our £25,000 debt |
- What happens if I change from being employed to self employed during my IVA? |
- If my partner enters an IVA will I have to sell my car because it is registered in my name? |
- What happens if my income rises during an IVA, would the creditors want all of the increase? |
- What is the minimum level of debt for an IVA? Is it 12000 or 15000 pounds? |
- Can I keep my home if my IVA is accepted? |
- Will I have enough money to live if I go for an IVA? |
- Information on the IVA procedure in the UK |
- IVA Questions |
- IVA Specialists |
- IVA Company |
- IVA Info |
- IVA Companies - What makes a good IVA Company? |
- IVA Debt Solution |
- Can I include HM Inland Revenue and Customs (TAX) debt in an IVA? |
- IVA Info |
- IVA-site
IVA's
The IVA Guide
Money Advice Direct has put together an IVA Guide based on the enquiries and questions that we receive at our helpline offices.
In the guide we cover such subjects as IVA Approval, early settlment of your IVA, missed IVA payments, IVA failure, additional debt claims and much more.
[click here for IVA Guide]
What is an IVA?
The IVA is an extremely powerful tool enabling you to clear your debt and return to a clean financial bill of health. Visit Money Advice Direct's Guide to Individual Voluntary Arrangements (IVAs).
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DANGER
Due to the tremendous demand for debt consolidation services the United Kingdom is now overloaded with debt management companies that contain misleading information. [more...]